IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWEI^TY NINETH DAY OF JANU> TWO THOUSAND AND TWENTY FIVE [/ PRESENT 5 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1794 OF 2025 Between: 1. Sri Vennela Residency, A Partnership firm with Regd.No.315/2022, 67- 12-5/2b, Lai Bahadur Nagar, Nagamallithota Junction, Revenue ward No.29, Kakinada Town and District. Rep by its Managing Partner, Pothula Paparao, S/o. Pothula Suryanarayana, Aged 60 years, R/o. 70- 3-36/16,Friends Colony, Ramanayyapeta, Kakinada, Kakinada District. Chekuri Venkata Satyanarayanaraju, S/o Venkata Raju, aged 60 years, R/o 70-3-36/18b,Friends Colony, Ramanayyapeta, Kakinada, Kakinada District. 2. ...PETITIONERS AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District. The District Collector, Kakinada District, Kakinada. The Superintendent of Police, Kakinada District, Kakinada. The Kakinada Municipal Corporation, Rep. by its Commissioner, Kakinada. The Revenue Divisional officer. Cum Sub Divisional Magistrate Kakinada District, Kakinada. . The Tahsildar, Kakinada Urban, Kakinada. The Station House officer, Sarpavaram Police Station, Kakinada District. 1. 2. 3. 4. 5. 6. 7. 8. Desire of Christ Sunday Worship Center, (CHRISTU SANGHAM) Rep by Its Pastor namely Brother P. James, R/o. 67-11-5/1, Near Christian Cancer Hospital Lai Bahadur Nagar, Nagamallithota Junction Revenue ward No.29, Kakinada Town and District. ...RESPONDENTS praying that in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction, nature of WRIT OF MANDAMUS declaring the inaction of the to 7 in initiating necessary steps against the 8th residential house bearing door may more particularly, one in the respondents 2 respondent for using the no. 67-11-5/1, Near Christian Cancer Hospital, Lai Bahadur Nagar, Nagamallithota No.29, Kakinada Town & District Junction, Revenue ward as religious place of worship without obtaining necessary permissions from the competent authorities as illegal arbitrary and unconstitutional and 7 to initiate necessary action to shut down the consequently direct the respondents 2 to 8th respondent for illegal conversion of residential house bearing door no. 67-11-5/1, Near Christian Cancer Hospital, Lai Bahadur Nagar Nagamallithota Junction, Revenue ward No.29, Kakinada Town & District into religious place of worship and further order prosecution against the 8“^ respondent for running a religious place of worship in violation to the existing rules. lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased to direct the respondents 2 to 7 to seal the residential house , Near Christian Cancer Hospital, Lai Bahadur bearing door no 67-11-5/1 Nagar, Nagamallithota Junction, Revenue ward No.29, Kakinada Town & District being used as religious place of worship by S* respondent. Counsel for the Petitioners; M/s. SASANKA BHUVANAGIRI ' Counsel for the Respondent No.1: GP MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2, 5 &6: GP FOR REVENUE Counsel for the Respondent Nos.3 & 7: GP FOR HOME Counsel for the Respondent No.4: SRI M. KRISHNA RAO, Counsel for the Respondent No.8:— The Court made the following: ORDER SC FOR KMC high court of ANDHRA PRADESH AT AWIARAVATI (Special Original Jurisdiction) WEDNESDAY .THE TWENTY NINETH ^AY OF -lANUARY TWO THOUSAND AND TWENTY FIVE PRESENT honourable smt justice V.SUJATHA WRIT PET|T'<^M NO: 1794/2025 APHC010030082025 IN THE [3333] THE Between: Sri Vennela Residency and Others ...PETITIONER(S) AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE muncipal admn and urban dev AP 3.GP The Court made the following: ORDER: The present Writ Petition Constitution of India seeking the following relief;- came to be. filed under Article 226 of the “...to issue a writ, order or direction, more particularly, one in the nature of WRIT OF MANDAMUS declaring the inaction of the 7 in initiating necessary steps against the 8th respondents 2 to respondent for using the residential house bearing door no. 67-11-5/1, Near Christian Cancer Hospital, Lai Bahadur Nagar, Nagamallithota Junction, Revenue ward No. 29, Kakinada Town and District as reiigious piace of worship without obtaining necessary permissions from the competent authorities illegal, arbitrary and as unconstitutional and consequently direct the respondents 2 to 7 to initiate necessary action to shut down the 8th respondent for illegal conversion of residential house bearing 67-11-5/1, Near door no. Christian Cancer Hospital, Lai Bahadur Nagar, Nagamallithota Junction, Revenue ward No. 29 Kakinada Town 86 order prosecution District into religious place of worship and further against the 8th respondent for running a religious place of worship h violation to the existing rules, and pass...” in 2. The 1 petitioner is a registered firm with registered No.315 of 2022 and the 2'""' petitioner is one of the partner of the 1 petitioner firm. The 1®* petitioner has purchased the property to an extent of 280 square yards along with RCC roof building with D.No.67-12-5/2B Lai Bahadur Nagar, Nagamallithota Junction, Revenue ward No.29, Kakinada town and District vide registered sale deed dated 06.04.2023 bearing No.4277/2023. The petitioner is running a lodge named as ‘Sri Vennala Residency premises with the consent of the 4‘^ respondent by paying property tax. in the said building adjacent to the subject property bearing D.No.67-11-5/1 , Nagamallithota Junction, Revenue ward No.29, Kakinada Though the Lai Bahadur Nagar town and district is residential in nature, the S* respondent herein, in the has converted the said house into a religious place month of December-2022 of worship and has erected a board without obtaining any permission from the concerned authorities which is in violation of the existing rules. As the 8 respondent is using loud speakers and conducting prayers throughout the day decibel sounds, the petitioner has submitted a and night with high representation on 28.10.2024 to the respondent Nos.3 to 7 complaining that church without permissions and is the 8**^ respondent is illegally running a using high voltage sound systems, lighting and is disturbing the religious through blasphemy of Hindu gods. As no action was of the said representation dated 28.10.2024, the harmony in the area initiated in pursuance petitioner has filed the present writ petition. and learned counsel Heard learned counsel for the petitioners appearing for the respondents. 3. 4. Today when the writ petition came up for hearing, learned Standing of instructions of the Sub-Inspector of Police, dated 28.01.2025 wherein it is stated that upon of the petitioner, the 3'^'^ respondent has Counsel has produced a copy Sarpavaram Police Station receipt of the representation to the Station House Officer, Sarpavaram Police Station forwarded the same vide N.Dis.No.5096/G2/2024 and the same was received through the Sub- Divisional Police Officer, Kakinada vide C.No.405/G2/SDPO-K/2024 , dated 06.11.2024 who in turn has addressed a letter dated 30.10.2024 to the Station House Officer, Sarpavaram Police Station directing to make enquiries about on the representation submitted by the 1"' petition. Accordingly, the House Officer, Sarpavaram Police Station has initiated enquiry into the grievance of the petitioners herein and enquired the 8^^ respondent, of the said enquiry, the 8^^" respondent has stated that he Station During the course has been offering Christian prayers in the upstairs of the building located at D.No.67-11-5/2, Lai Bahadur Nagar, Kakinada every Sunday from 10.00 a.m. to 11.00 a.m. with small group of devotees and he further claimed that his involve criticizing other religious deities. He further admitted prayers do not that he has rented the said place and is paying Rs.7,500/- to the original of the said building is absent, the owner of the said building. As the owner Station House Officer is unable to records his statement; and once the enquiry is completed, a detailed report would be submitted to the Revenue and accordingly appropriate action will be initiated in Divisional Officer accordance with law. 5. During the course of arguments, learned Standing Counsel submitted that the Assistant City Planner, Kakinada Municipal Corporation has verified the records and found that the building in which the respondent is running a church was constructed 15 has years ago and the same was assessed as residential building, however, no records were found with regard to the permissions granted to the 8‘^ respondent for conducting church activities. Learned Standing Counsel further brought to the notice of this Court that upon receipt of several complaints from the surrounding neighbours against the 8‘^ respondent, as the 8*^ respondent failed to produce proper approvals or permissions from the 2"'" respondent, the respondent authorities have directed the 8'^ respondent not to disturb the neighbors with sound system and not to park any vehicles on the public roads and further not to use the said residential building for religious activities. Learned Standing Counsel has submitted that the respondent authorities are intending to initiate action against the 8*" respondent in pursuance of the letter addressed Revenue Divisional Officer dated 30.10.2024. by the 6. On a perusal of the instructions and as well as the submissions made by learned Standing Counsel, it can be understood that in pursuance of the representation submitted by the petitioner dated 28.10.2024 Divisional Magistrate and Revenue Divisional Officer the Sub- Kakinada vide letter dated 30.10.2024 has directed the police to enquire into the matter and the Station House Officer, Sarpavaram Police Station has accordingly enquired the 8"' respondent who has been running church activities in the be understood that the 8*^ respondent is not the owner subject building. It can of the building bearing D.No.67-11-5/2, Lai Bahadur Nagar, Kakinada, but a tenant of the said house, hence, after completion of the enquiry by the Station V would be submitted to the superior officers, pursuant House Officer, a report to which action would be initiated in accordance with law. It can also be seen that the respondent is conducting prayers without any permissions from and that the aforementioned building was assessed the competent authorities as residential building 15 years ago. action has already been initiated of the representation submitted by the writ petition pending, this Court feels it In view of the aforesaid discussion, as 7. against the 8^^ respondent in pursuance the petitioner, instead of keeping appropriate to dispose of the writ petition by directing the respondent Nos.3 of action against the 8*^ respondent in and 4 to initiate further course of the letter addressed by the Sub-Divisional Magistrate and accordance with pursuance Divisional Officer, Kakinada dated 30.10.2024, in shall be completed within a period of four (4) weeks Revenue law. The said process from the date of receipt of a copy of this order. 8. Accordingly, with the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- A.VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// , /I SE OFFICER 1. The Principal Secretary, Municipal Administration Urban Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Kakinada District, Kakinada. 3. The Superintendent of Police, Kakinada District, Kakinada. 4. The Commissioner, Kakinada Municipal Corporation, Kakinada. 5. The Revenue Divisional Officer, Cum Sub Divisional Magistrate Kakinada District, Kakinada. 6. The Tahsildar, Kakinada Urban, Kakinada. 7. The Station House officer, Sarpavaram Police Station District. 8. One CC to M/s.Sasanka Bhuvanagiri, Advocate [OPUC] ,9. One CC to Sri M. Krishna Rao, SC for KMCfOPUC] 10. Two CC’s to GP for Municipal Administration Urban High' Court of A.P. at Amaravati[OUT] 11. Two CC’s to GP for Revenue, High Court of A.P. 12. Two CC’s to GP for Home, High Court of A.P. 13. Three CD Copies. To, , Kakinada Development, at AmaravatifOUT] at Amaravati[OUT] ssb HIGH COURT f.: DATED:29/01/2025 SF ORDER OV 19 FEB 2025 ^ . Current Section WP.No.1794 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS